Adjudication on the Gold Fields in New South Wales and Victoria in the 19th Century

This book deals with the inception and development of adjudication systems on the gold fields in New South Wales and Victoria in the 19th century. The sudden onset of the gold rushes in New South Wales and Victoria in 1851 created an immediate necessity for a system of resolving disputes among gold miners. Despite a large literature on the gold rushes generally, virtually nothing has been written on the adjudication systems. The aim of this work is to examine what these systems were, to discover what records of them have survived and to expose samples of those records. The work concentrates on the period from 1851 to 1875 when the adjudication systems were at their most active. It records the changing legislative provisions relating to adjudication in that period. It explores and contrasts the success of the early system in New South Wales with its failure in Victoria. The book explores what records survive of adjudications in both colonies and incorporates samples of them. It examines in some detail the career of Thomas Alexander Browne (who was the novelist Rolf Boldrewood) as the Commissioner at Gulgong in the early 1870s and who, atypically of Gold Fields Commissioners, was at odds with his community. It also examines the reported cases in the Supreme Courts concerning gold fields adjudication. The work thus presents, for the first time, an account of these adjudicative systems.

1. Introduction and Plan2. History and Social Background3. Origins of the System4. Legislative History in New South Wales and Victoria5. The Establishment of Gold Commissioners as Adjudicators6. The Establishment of Local Courts and Wardens in Victoria in 1855 and Their Operation until 18587. Continued Operation of Commissioners in New South Wales from 1853 to 18668. The 1866 Legislation and the New South Wales Royal Commission of 1870-719. Continued Operation of Adjudicators in New South Wales from 1867 to 187310. The Establishment of the Victorian Courts of Mines and Wardens' Courts in 1858, Their Operation from 1858 to 1875 and Comparison with the New South Wales System11. TA Browne and Gulgong 12. Browne v Browne13. Wardens' Courts in New South Wales from 187414. Jurisprudence in Superior Courts Concerning Adjudication System15. History of Wardens' Courts After 187516. Conclusion

John Perry Hamilton graduated BA (1960) and LLB (1963) from the University of Sydney and practised at the bar, principally in Sydney, for 33 years. He practised extensively in Wardens' Courts, particularly in the 1970s. He was appointed Queen's Counsel in 1982. He was appointed an Acting Judge of the Supreme Court of New South Wales in 1996 and a permanent Judge of the Equity Division in 1997. He retired in 2009 and was again an Acting Judge from 2009 to 2011. He was Chair of the Attorney General's Working Party on Civil Procedure from 2002 until his retirement. He is a joint editor of Thomson Reuters Civil Procedure in NSW. He has written various articles on procedural and legal historical subjects. He obtained a PhD at Macquarie University in 2014 with a thesis which is the basis of his book Adjudication on the Gold Fields in New South Wales and Victoria in the 19th Century.